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Bill > S968


NJ S968

NJ S968
Prohibits use of facial recognition technology on consumer except for legitimate safety purpose.


summary

Introduced
01/09/2024
In Committee
01/09/2024
Crossed Over
Passed
Dead
01/12/2026

Introduced Session

2024-2025 Regular Session

Bill Summary

The bill prohibits a person selling or offering for sale goods or services at retail or any place of public accommodation from using any biometric surveillance system on a consumer, except if used for a legitimate safety purpose. The bill defines "biometric surveillance system" to mean any computer software that performs facial recognition or other remote biometric recognition. In addition, the bill defines "facial recognition" as an automated or semi-automated process that assists in identifying a person or capturing information about a person based on the physical characteristics of the person's face, or that logs characteristics of a person's face, head, or body to infer emotion, associations, activities, or location of the person. The bill defines "legitimate safety purpose" as any purpose reasonably likely to reduce the risk to life or safety of any person. Finally, the bill defines "place of public accommodation" as any place open to the public offering for sale goods or services to a consumer, and shall include, but not be limited to, an entertainment or sports venue. A violation of the bill' s provisions is an unlawful practice under the consumer fraud act punishable by a monetary penalty of not more than $10,000 for a first offense and not more than $20,000 for any subsequent offense. In addition, violations may result in cease and desist orders issued by the Attorney General, the assessment of punitive damages, and the awarding of treble damages and costs to the injured party.

AI Summary

This bill prohibits businesses that sell goods or services to the public, such as retail stores or entertainment venues (referred to as "places of public accommodation"), from using "biometric surveillance systems" on consumers, which are defined as software that can perform facial recognition or other remote biometric recognition. Facial recognition is described as a process that identifies or gathers information about a person based on their facial features, or uses those features to infer emotions, associations, activities, or location. The only exception to this prohibition is when the technology is used for a "legitimate safety purpose," meaning it's reasonably likely to reduce the risk to someone's life or safety. Violating these provisions is considered an unlawful practice under the consumer fraud act, carrying penalties of up to $10,000 for a first offense and up to $20,000 for subsequent offenses, along with potential cease and desist orders, punitive damages, and treble damages for the injured party.

Committee Categories

Business and Industry

Sponsors (1)

Last Action

Introduced in the Senate, Referred to Senate Commerce Committee (on 01/09/2024)

bill text


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